Employment Law Blog

 COVID-19 Litigation Tests the Limits of Employment Discrimination Law

August 21, 2020
As COVID-19 has spread throughout the country, it has created severe disruptions for most American workplaces. Information about the nature of the virus threat, official guidance on how individuals should protect themselves, and local rules regulating businesses have all shifted rapidly. This left many workers afraid to go to...

Former JUUL Employee Seeks Injunction Against Pre-Employment NDA

July 9, 2020
On June 4, 2020, a former employee of electronic cigarette maker JUUL Labs, Inc., filed a complaint in California District Court seeking to enjoin JUUL’s enforcement of a non-disclosure agreement (“NDA”) she was required to sign as a condition of her employment. The former employee, Marcie Hamilton, alleges in her complaint...

Supreme Court Ruling Protects LGBTQ and Transgender Employees against Discrimination

June 25, 2020
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual “because of such individual’s race, color, religion, sex, or national origin.”  42 U.S.C. § 2000e–2(a).  Last week, the Court decided three consolidated cases—Bostock v. Clayton County, Altitude Express v. Zarda,...

Lessons from Amazon’s Termination of a Warehouse Worker who Protested about Unsafe Conditions

April 13, 2020
Amazon’s recent stunning and outrageous decision to fire an employee who protested unsafe conditions at a Staten Island warehouse highlights many facets of the risks to workers who step up to try and force their employers to protect them during the COVID-19 pandemic.  The company’s actions also demonstrate the dangers to...

DC Circuit Highlights Potential Conflict Between Union Protections and Antidiscrimination Law

March 24, 2020
On December 31, 2019, the U.S. Court of Appeals for the D.C. Circuit remanded a decision to the National Labor Relations Board (“NLRB”) in which the Board had held that Constellium Rolled Products Ravenswood, LLC violated the National Labor Relations Act when it terminated an employee for engaging in protected union activity....

Victims of Anonymous Online Harassment Suffer Serious Consequences

February 27, 2020
With the rise of #MeToo, social media and the internet have been used as a powerful tool for empowering those who have experienced sexual harassment to come forward. Through social media, victims of harassment in the workplace can identify others with similar experiences, and the impact of their combined voices can help bring...

Protecting Employees Against Unfair Non-Compete Agreements

January 24, 2020
*Update* On March 16, 2021, the “Ban on Non-Compete Agreements Amendment of 2020” took effect in Washington, D.C. The new law prohibits employers from requiring their employees to sign agreements that include non-compete provisions, and prohibits workplace policies that limit the ability for employees to work for other people,...

McDonald’s CEO Fired over Relationship with Employee

November 6, 2019
This past weekend, McDonald’s Corporation announced that Steve Easterbrook had been ousted as its president and chief executive, after its board of directors determined that Mr. Easterbrook violated company policy and “demonstrated poor judgment” by engaging in a consensual relationship with an employee.  The company’s...

The Response to Ken Fisher’s Derogatory Comments about Women Show the Costs of Maintaining a Sexist Culture

October 24, 2019
Billionaire investment analyst Ken Fisher, founder and chairman of Fisher Investments, recently became the latest executive whose offensive views of women were made public.  His comments at the Tiburon CEO Summit revealed a loathsome but common attitude toward women in the workplace, particularly in the finance industry....

Amendments to New York State Human Rights Law Increase Protections against Sexual Harassment

September 26, 2019
On August 12, 2019, New York Governor Andrew M. Cuomo signed into law the state’s latest changes to its civil rights statutes: amendments to the New York State Human Rights Law (“NYSHRL”) that increase protections against sexual harassment in the workplace, especially in the context of harassment by a supervisor. In the...

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